Apostille What It Is and Why It’s Important

Apostille: What It Is and Why It’s Important 

Apostille: What It Is and Why It’s Important 

In 1961, a group of European countries recognized the need for a simplified method of document legalization across their borders. Member countries met in a scheduled convention called the Hague Convention. There, they agreed on the adoption of a document called “Apostille”. This document will serve as a universal way of recognition by all member countries.  

What is an Apostille? 

Apostille is a French term that means certification. It is a form of specialized certification papers that are attached to documents to ascertain its authenticity and legitimacy for use and acceptance across countries of the Hague Convention.  

In the United States, Apostille is issued in all 50 states by the secretary of state. 

Importance of Apostille 

Before the adoption of Apostille, the formality of authenticating foreign documents by international public authorities was burdensome and time intensive. The introduction of the Apostille abolished the requirement of legalization for foreign public (including notarized) documents. Ever since documents that are to be used in foreign member countries are certified by a jurisdictional authority from the country of origin. The delivery of this certificate (Apostille) along with a document in a participating country reduces all the formalities of legalization to a simple verification from the source. 

Requirement for Apostille 

The Hauge Apostille Convention requires that all Apostilles be registered, dated, and numbered. A standard certificate carries the name of the country of origin, the name of the person signing the Apostille, and the capacity in which he/she is acting. 

For unsigned documents, a stamp or seal of the authority issuing certificate and the address of certification are necessary. Today, there are 117 members countries in the Hauge Apostille Convention including the United States. 

 

How to Select The Best Notary to Work With

How to Select The Best Notary to Work With      As you can see today, there are number of dealings particularly to our lives that require the services of a notary public. Be it an insurance companies, mortgage companies or even schools, the service of notaries are typically just in high demand. You’ll need them in […]

Why Do You Need a Notary?

Why Do You need a Notary?

A Notary Public Notarizing a Document 

A notary is more than just some fancy rubber stamp. Getting a document notarized means getting it verified for its authenticity and purpose.
  Many times, notarizing a document corresponds to a life-changing moment for someone. You may need the approval of a notary public for your next mortgage. A daughter in California may need the power of attorney to get funds for an ailing parent. In essence, a notarized document protects the signer and the purpose of the document.

 Importance of Document Notarization  
  So, if you are still thinking; why is document notarization important? Below are some reasons why up to 1.25 billion documents are notarized yearly in the United States.

Deter Fraud
  In an era where fraud and forgery are on the rise, a trustworthy notary is required to verify the authenticity of crucial documents. A notary details such as a seal, stamp, or signature add an extra layer of protection to business transactions

Self Authenticating
  According to the law of evidence, a notarized document is self-authenticating. It is the same as swearing under oath in a court of law. Meaning, a notary can stand in place of a witness in court. This saves time and money.

Legal Protection
The possession of notarized documents helps prevent litigation and contract dispute.

Establish Credibility
  Some documents are not legally binding until they are notarized. Deed of trust is one kind of document that doesn’t escape notarization. In mortgaging, for instance, the agreement between the lender and the borrower needs an authorized third party to serve as a trustee. That’s where the notary public comes to play.
  Need more clarification about notaries? Or not sure you need it? Contact Jamesees Notary Services today.

What A Notary Public is in Georgia

Notary Public in Georgia

Introduction

The following is a description of a Notary Public in Georgia:

A Notary Public is a person authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions.
In most countries the term notary public is synonymous with “notary” and it’s commonly used in both speech and writing. However, it has no equivalent meaning in civil law systems as those countries do not have this historical feature of common law called “notarial system”.

Notaries public are appointed by the Secretary of State.

To become a notary public in Georgia, you must:

a) American Institute Notaries (AIN);

b) National Notary Association (NNA);

Each notary public applicant must be a Georgia resident and have no felony convictions.

The notary public applicant must be a Georgia resident, at least 18 years of age and must have no felony convictions. In addition, the notary public applicant must be a citizen of the State of Georgia.

All applicants for appointment as a Notary Public in this state shall make application to the Secretary of State (or his designee), complete with all required information and documents required by § 50-13-1 et seq., O.C.G.A., which are incorporated herein by reference as if fully set forth herein; provided that any person who is currently serving as Deputy Clerk or Assistant Clerk in any capacity within any county court system may submit an original oath with certification from the chief judge or clerk certifying their service as such without having first obtained an appointment from the Secretary of State (or his designee).

A notary public’s jurisdiction extends throughout the state.

A notary public’s jurisdiction extends throughout the state. This means that all notaries public in California may perform their duties anywhere in the state, whether or not they are physically present at the location where the act is performed. Thus, if you are located in Los Angeles and need to have a document certified by a notary public who lives on the other side of the San Francisco Bay Area, it’s perfectly legal for you to request this service from your local secretary of state branch office (assuming that branch office has its own power over appointment).

The term of office of a notary public is four years from the date of appointment.

A notary public is an officer authorized to take acknowledgements of deeds, mortgages and other conveyances; administer oaths and affirmations; take depositions to be used in courts of justice; protest bills of exchange or promissory notes when there appears on the face thereof some irregularity or defect not apparent from the endorsement thereon; and certify true copies of any paper writing which he may have executed for any person.

The term of office for a notary public is four years from date of appointment by the Secretary of State.

A person who desires to become a Notary Public must file an application with The Secretary Of State’s Office along with two passport size photographs and one letter from current employer verifying employment status.

A notary public may execute an official seal as required by law on documents he or she has executed.

If a notary public is required to affix an official seal, he or she may do so in the presence of the person who signs the document. If such an individual is physically incapacitated and unable to be present when the seal is affixed, another witness must be present and attest to this fact.

In addition to using a stamp-type device, some states permit their notaries public to use hand stamps which make impressions on documents. These impressions are made by impressing ink or paint into paper or parchment documents that have been signed by people seeking them due to being important legal documents. It may also include embossing seals into paper or parchment documents that have been signed by people seeking them due to being important legal documentation for proof purposes later down road when needed in court cases involving fraudulent allegations against one another as well as other types of disagreements between two parties over business contracts that need resolving quickly before any further damage occurs financially at stake here.”

 A notary public may charge a fee for each signature acknowledged. However, if you are receiving more than $1,000 in cash for your signature, then you must sign in the presence of two witnesses who are signing as well.

.An appointment as a notary public is issued for the purpose of allowing the notary to administer oaths and affirmations and to take acknowledgments of deeds, mortgages and other conveyances.

Conclusion

Notary Publics have been around for a long time, but they’re still needed today. They help take the guesswork out of transactions and make sure that everything goes smoothly.

 

Be Careful Writing ‘2020’ When Notarizing

Be Careful Writing ‘2020’ When Notarizing

January 27, 2021 Be Careful Writing ‘2020’ When Notarizing

Remembering to write the correct date when a new year starts is challenging. This year, Notaries must take additional care because writing the 2-digit form of the year “2020” on certificate dates could potentially leave a document vulnerable to changed dates.

Many people typically shorten the year when writing out dates, such as abbreviating “February 12, 2019” as “2-12-19.” Notaries contacted the NNA this month to point out that if the year 2020 is shortened to just “20” when dating Notary certificate wording, an unscrupulous person could write in additional numbers later to alter the date of notarization. For example, the date “1-28-20” could be:

To avoid potential tampering, the safest course is to write out the full year as “2020” when completing Notary certificates or any other important records such as your journal entries.

Original Publication: National Notary Association

David Thun is an Associate Editor at the National Notary Association.